Simpson v. Chicago, Burlington & Quincy Railway Co.

Citations

• 81 Kan. 188
• 106 P. 283
• 1909 Kan. LEXIS 328

Syllabus

<p>1. Railroads — Injury to Team of a Licensee. While the plaintiff was unloading lumber from a car on a sidetrack to his wagon a train on thé main line struck his team, killing one animal and injuring the other. The circumstances held to have been such as to warant a recovery.</p> <p>2. Instructions — Negligence of the Plaintiff that Does Not “Materially” Contribute to the Injury, An instruction that negligence of the plaintiff did not bar a recovery unless it . “materially” contributed to the injury held not to be prejudicial.</p> <p>3. Damages — Evidence—Value of Animal Killed,. A finding of the amount of damage to the injured animal held to be supported by evidence of its original value and the nature and extent of its injuries.</p>